A Federal High Court in Abuja has scheduled a hearing on June 8 to challenge the nomination of the African Democratic Congress’ (ADC) interim leadership, which is led by former Senate President David Mark.
Justice Peter Lifu deferred the case after the plaintiff’s counsel, Robert Emukpoeruo, asked for extra time due to the unavailability of lawyers representing parties wishing to join the case.
The case was brought by Nafiu-Bala Gombe, who is challenging the constitutionality of the party’s present leadership structure.
During Wednesday’s proceedings, only the Independent National Electoral Commission (INEC) and parties seeking to join the case were absent. The court noted that INEC had received hearing notifications, but those wanting to participate had not yet been served.
Shaibu Aruwa, counsel for the ADC, urged the court to provide interested parties the opportunity to argue why they should be included in the case. He noted that issues involving them had already arisen in earlier proceedings before the former trial judge, Emeka Nwite.
In response, Emukpoeruo reminded the court that both the Court of Appeal and the Supreme Court had ordered that the matter be handled expeditiously. However, he sought a brief break to allow all outstanding documents to be filed and served, assuring a fair hearing.
Lawyers for David Mark, former Governor Rauf Aregbesola, and former ADC National Chairman Ralph Nwosu made no objections to the proposal.
Defence counsel also accused the plaintiff of contributing to the delays by filing an earlier motion for reassignment of the matter while it was before Justice Nwite. They argued that the move went against the Supreme Court’s directive for an accelerated hearing.
Justice Lifu disagreed, arguing that participants in a case do not have the ability to choose which judge will hear their case.
He said he was obligated to ensure justice after being assigned the case by the Chief Judge and guided by the Supreme Court’s instructions.
The judge admitted responsibility for failing to serve hearing notifications to individuals seeking joinder and directed the court bailiff to finish service within 24 hours.
“In the circumstances of this case and the overall interest of justice and in compliance with the orders of the Supreme Court and Court of Appeal, this case is hereby given accelerated hearing,” Justice Lifu said.
He directed all parties to file and exchange their documents before the next hearing date.
In the lawsuit, Gombe seeks a court order prohibiting David Mark, Aregbesola, and members of the party’s temporary National Working Committee from serving as ADC leaders. He claims that their appearance violated requirements of the party’s constitution and the Electoral Act.
The defendants in this action are the ADC, David Mark, Aregbesola, INEC, and Ralph Nwosu.